Harish Yadav @ Harish Kumar And 4 ... vs State Of U.P. Thru Prin Secy Home ...
2022 Latest Caselaw 9464 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 5167 of 2022
 

 
Applicant :- Harish Yadav @ Harish Kumar And 4 Others
 
Opposite Party :- State Of U.P. Thru Prin Secy Home Deptt Civil Sectt Lko And Another
 
Counsel for Applicant :- Ramesh Chandra Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and perused the record.

2. By way of this application under Section 482 CrPC the applicants have prayed for quashing of the proceedings of Charge-sheet No.163 of 2018 dated 2.7.2018 Police Station Isha Nagar, Kheri in respect of FIR No.0083 of 2018 under Sections 147, 323, 504, 506 IPC, 3(1)(dha), 3(1)(dha) S.C./S.T. Act, Police Station Isha Nagar, Lakhimpur Kheri as well as proceedings of S.S.T. No.247 of 2019.

3. Learned counsel for the applicants submits that this application may be disposed of with a direction to the learned Magistrate to consider bail application of the applicants in light of judgment rendered by the Supreme Court in Criminal Appeal No.929 of 2021 (Aman Preet Singh Vs. C.B.I. Through Director).

4. I have considered the submission advanced by the learned counsel for the applicants as well as the learned AGA, representing respondent-State.

6. The Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra) has inter alia held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

7. In view of submissions advanced on behalf of the applicants, this application is disposed of with a direction to the applicants to surrender before the trial Court within a period of seven days from today and apply for regular bail and, if the applicants do so, their bail application shall be considered in light of the judgment passed by the Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra).

Order Date :- 5.8.2022

prateek